Case law

McLaughlin v. Denharco, Inc.

129 F. Supp. 2d 32 · District Court, D. Maine · Jan 23, 2001

established sufficient prejudice to support outright exclusion. … Denharco’s product warranty qualifies as conspicuous under Maine law. The warranty is in larger type and all capital letters.

WROBEL v. STATE OF MAINE

District Court, D. Maine · Jul 20, 2021

“commit[ted] … to a coordinate political department,” “lack … judicially discoverable and manageable standards for resolving” them, and cannot be decided “without an initial policy determination of a kind clearly … Jordan, 415 U.S. 651, 673 (1974) (“The mere fact that a State participates in a program through which the Federal Government provides assistance for the operation by the State of a system of public aid is not sufficient to establish

WROBEL v. STATE OF MAINE

District Court, D. Maine · Mar 26, 2021

determination of a kind clearly for nonjudicial discretion.” Baker v. … Jordan, 415 U.S. 651, 673 (1974) (“The mere fact that a State participates in a program through which the Federal Government provides assistance for the operation by the State of a system of public aid is not sufficient to establish

McKenney v. Sullivan

743 F. Supp. 53 · District Court, D. Maine · Jun 26, 1990

The legislative history states clearly that the clause in question “makes no change in present law.” H.R.Rep. No. 544, 90th Cong., 1st Sess. 174 (1967). … If there is another child in the family who is older than the State’s limit for the eligibility of dependent children, he cannot qualify as a recipient.

Pelletier v. Magnusson

201 F. Supp. 2d 148 · District Court, D. Maine · Apr 17, 2002

In Farmer the Court more clearly articulated the standard a plaintiff must meet to hold a prison official hable under the Eighth Amendment. It identified two prongs. … fair to draw the inference that Tofani made a deliberate decision to scale down Ronald’s care for financial and administrative reasons, rather than medical reasons, and that if that inference were drawn it would suffice to establish

Clement v. United States

772 F. Supp. 20 · District Court, D. Maine · Jul 23, 1991

Rothschild clearly is not appropriate for the distribution of benzodiazepines to an alcohol-dependent patient. … Doses must be limited and decline over time, there must be close supervision by qualified medical personnel, and dependence on benzodiazepines must be carefully avoided.

Penobscot Nation v. Georgia-Pacific Corp.

106 F. Supp. 2d 81 · District Court, D. Maine · Jul 18, 2000

In fact, most lower court references to section 1362 after Blatchford have proceeded to treat it as virtually identical *86 to section 1331. 9 The Tenth Circuit has said: Although § 1362 clearly removed some jurisdictional … Oklahoma, 927 F.2d 1170, 1173 (10th Cir.1991) ("[A]n action such as this by a tribe asserting its immunity from the enforcement of state laws is a controversy within § 1362 jurisdiction as a matter arising under the Constitution

Deslauriers v. Napolitano

738 F. Supp. 2d 162 · District Court, D. Maine · Sep 17, 2010

To establish a prima facie case, the plaintiff must show: 1) that he was at least 40 years old at the time he was not promoted; 2) that he was qualified for the position; 3) that he was not promoted; and, 4) that the employer … Deslauriers at the interview, and because a third qualified candidate, Mr. Whittaker, was not afforded an interview. Pl.’s Mem. at 36-37. The evidence does not establish preselection.

HORNOF v. UNITED STATES OF AMERICA

District Court, D. Maine · Jan 7, 2022

immunity provided by [work product protection].” … “If the privilege is established, the burden of proving any exception falls to its proponent.” Id.

CMM Cable Rep., Inc. v. Ocean Coast Properties, Inc.

888 F. Supp. 192 · District Court, D. Maine · Jun 1, 1995

To qualify for copyright protection, a work must be original to the author. … is not a qualified expert on that subject.

Falconer v. Penn Maritime, Inc.

421 F. Supp. 2d 190 · District Court, D. Maine · Mar 10, 2006

Rapoport was eminently qualified to express his expert opinions and Mr. Falconer was entitled to and did probe and challenge the foundation for those opinions. … After the factual predicate was established, Mr.

STICKNEY v. HALL, MHRT-CSD

District Court, D. Maine · Jan 23, 2025

The state court judge and court clerk are protected by absolute judicial immunity.3 See Butz v. Economou, 438 U.S. 478, 512 (1978). … Regardless of how the issue is characterized, the Court can dismiss an insubstantial federal claim. 3 Where a defendant is “clearly entitled to immunity,” the claim lacks an arguable or rational basis in law and is thus

Foss v. Circuit City Stores, Inc.

521 F. Supp. 2d 99 · District Court, D. Maine · Nov 8, 2007

The Court does not find Foss’s deposition testimony to clearly state that men were treated differently or support the conclusion that men and women were treated differently. … The record clearly establishes that Foss was terminated and Defendant agrees that Plaintiffs termination qualifies as an adverse employment action. c.

Unum Corp. v. United States

886 F. Supp. 150 · District Court, D. Maine · May 8, 1995

When that is accomplished, the burden shifts to the opponent to establish the existence of a fact issue which is both ‘material,’ in that it might affect the outcome of the litigation, Anderson v. … established in the *159 law.

Nelson v. University of Maine System

923 F. Supp. 275 · District Court, D. Maine · Apr 23, 1996

Similarly, courts have held that a letter of reprimand placed in an employee’s file, alone, does not qualify as adverse employment action. Coney v. … The University, itself, concedes that Nelson presents a "few instances which could arguably qualify as protected activity.” (Def.Mot.SumJ. at 19.)

UNUM Life Insurance v. United States

709 F. Supp. 13 · District Court, D. Maine · Mar 2, 1989

FINDINGS OF FACT AND ANALYSIS During the years 1977 and 1978, UNUM had in force certain group annuity contracts which were issued to employers and other qualified pension plans to fund retirement benefits for their employees … Interest was paid periodically, either monthly or daily, at the rate established in the individual contract. The contract also permitted UNUM to deduct established administration costs and certain expense charges.

TORRE

District Court, D. Maine · Oct 23, 2025

liability under the doctrine of sovereign immunity. … Mar. 31, 2025) (noting that the Maine DHHS “is immune from suit in this Court under the doctrine of sovereign immunity”).

Snyder v. Talbot

836 F. Supp. 26 · District Court, D. Maine · Oct 25, 1993

Francis Talbot, are the only remaining Defendants following this Court’s dismissal of claims against state court judges Rogers, Beaudoin, and Gorman, and the minor child’s guardian ad litem, Kennedy, on the basis of absolute immunity … Clearly, then, the Talbots have a meritorious defense. *30 C.

United States v. LaBonte

885 F. Supp. 19 · District Court, D. Maine · May 5, 1995

Congress has also charged the Commission to establish policies “avoiding unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar criminal conduct.” 28 U.S.C. § 991 (b … This statement is clearly wrong. Enhancements already existed under the drug statutes for repeat offenders.

City of Bangor v. CITIZENS COMMUNICATIONS COMPANY

437 F. Supp. 2d 180 · District Court, D. Maine · Jun 27, 2006

The Court’s equitable allocation will not only apply to already incurred qualifying response costs, but also to future qualifying response costs that the parties are likely to incur. See 42 U.S.C. § 9613 (g)(2). … Quite simply, nothing in this text clearly forecloses a responsible party from being considered “any other person.”